House Bill 20
By: Representatives Scott of the 76th, Schofield of the 63rd, and Davis of the 87th
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to the health of students generally, so as to require the State Board of
Education to adopt rules requiring all certificated public school personnel to receive annual
training in depression and suicide awareness and prevention; to provide for the establishment
and purpose of the Student Mental Health Screenings Grant Program; to provide for the
allocation of grant awards under such program; to provide for grant application and grant
program requirements; to provide for the implementation of grant-funded mental health
screening programs by local school systems; to require the Department of Education to
develop a model policy for student depression and suicide awareness, develop and approve
training materials, assist local school systems in selecting research-based mental health
screening tools, develop guidance to assist local school systems in establishing certain
healthcare related partnerships to conduct mental health screenings, and develop guidance
on the use of telehealth to provide mental health and behavioral health services; to revise
requirements for local school systems to adopt certain policies; to provide for a definition;
to provide for legislative findings; to provide for construction; to provide for related matters;
to provide for a short title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Student Mental Health and Suicide
Prevention Act."
SECTION 2.
The General Assembly finds that:
(1) Depression is the most common mental health disorder among American teenagers and
adults. In 2021, over 5 million young people between the ages of 12 and 17 experienced
at least one major depressive episode in the prior year. Major depressive episodes are two
to three times more common in females than in males;
(2) Various biological, psychological, and environmental risk factors may contribute to
teenage depression, which can lead to substance and alcohol abuse, social isolation, poor
academic and workplace performance, unnecessary risk taking, early pregnancy, and
suicide, which is the third leading cause of death among teenagers. Approximately 20
percent of teenagers with depression seriously consider suicide and one in 12 attempt
suicide. Untreated teenage depression can also result in adverse consequences into and
throughout adulthood;
(3) Most teenagers who experience depression suffer from more than one episode. It is
estimated that although teenage depression is highly treatable through combinations of
therapy, individual and group counseling, and certain medications, fewer than one-third of
teenagers experiencing depression seek help or treatment; and
(4) The proper detection and diagnosis of depression is key in reducing the risk of teenage
suicide and improving physical and mental health outcomes for young people. It is
therefore fitting and appropriate to establish school based depression screenings to help
identify the symptoms of depression and facilitate access to appropriate treatment.
SECTION 3.
Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,
relating to the health of students generally, is amended by revising Code Section 20-2-779.1,
relating to suicide prevention and awareness training and no duty of care imposed, as
follows:
"20-2-779.1.
(a)(1) The <del>Department</del> <ins>State Board</ins> of Education shall adopt rules to require that all
certificated public school personnel receive annual training in <ins>depression and</ins> suicide
awareness and prevention. This training shall be provided within the framework of
existing in-service training programs <del>offered</del> <ins>and materials approved</ins> by the Department
of Education or as part of required professional development offered by a local school
system.
<ins>(2)(A) Subject to appropriations, the State Board of Education is authorized to
establish the Student Mental Health Screenings Grant Program. The purpose of such
grant program shall be to provide funding and resources to allow local school systems
to implement mental health screening programs in schools to identify students in grades
six through 12 who are at risk of depression and suicide.
(B) Awards under the grant program shall be allocated to local school systems in a
manner to be determined by the State Board of Education; provided, however, that the
State Board of Education shall, to the greatest extent possible, approve applications
from at least one local school system each in the northern, central, and southern regions
of the state and shall seek a cross section of local school systems from urban, suburban,
and rural areas of the state.
(2)(b)(1)</ins> The Department of Education shall, in consultation with the Department of
Behavioral Health and Developmental Disabilities, the Suicide Prevention Program
established pursuant to Code Section 37-1-27, and depression and suicide prevention
experts, develop <ins>and approve</ins> a list of <del>approved</del> training materials to fulfill the
requirements of this subsection which may include training materials currently <del>being</del> used
by a local school system, if such training materials meet any criteria established by the
Department of Education.
<del>(3) Approved</del> <ins>Such approved training</ins> materials shall include training on how to identify
appropriate mental health services, both within the school and also within the larger
community, and when and how to refer youth and their families to those services., <ins>and
</ins> <del>(4) Approved materials</del> may include programs that can be completed through self-review
of suitable <ins>depression and</ins> suicide <ins>awareness and</ins> prevention materials.
<ins>(2) To assist local school systems in developing their own policies for student depression
and suicide awareness and prevention, as required in subsection (c) of this Code section,
the Department of Education, in consultation with the Suicide Prevention Program within
the Department of Behavioral Health and Developmental Disabilities, shall establish a
model policy for use by local school systems in accordance with this Code section.
(3)(A) To assist local school systems in selecting a research-based screening tool to use
as part of mental health screening programs, the Department of Education, in
consultation with the Suicide Prevention Program within the Department of Behavioral
Health and Developmental Disabilities, may develop a list of preapproved
research-based screening tools that are validated to screen depression and other mental
health risks in adolescents.
(B) No later than January 1, 2026, the Department of Education, in consultation with
the Suicide Prevention Program within the Department of Behavioral Health and
Developmental Disabilities, shall develop guidance and resources for local school
systems to facilitate the establishment of partnerships with organizations or healthcare
providers specializing in pediatric and adolescent mental health to conduct mental
health screenings.
(4)(A) As used in this paragraph, the term 'telehealth' means the use of information and
communications technologies, including, but not limited to, telephones, remote patient
</ins>
<ins>monitoring devices, and other electronic means, by a healthcare provider to facilitate
the delivery of long-distance healthcare services, including, but not limited to, patient
consultation, evaluation, diagnosis, treatment, education, and care management.
(B) The Department of Education, in consultation with the Suicide Prevention Program
within the Department of Behavioral Health and Developmental Disabilities and
appropriate stakeholders, including stakeholders with experience in, shall, on or before
October 1, 2025, develop guidance for the use of telehealth in public schools to provide
mental health and behavioral health services to students, including, but not limited to,
student mental health screenings at school or during any school related function.
Guidance developed pursuant to this subparagraph shall include, but shall not be limited
to, the following:
(i) Qualifications of individuals authorized, within the scope of their practice, to
assist students in accessing mental health and behavioral health services via telehealth
while such student is at school or during any school related function;
(ii) Qualifications of individuals authorized, within the scope of their practice, to
provide mental health and behavioral health services to students via telehealth;
(iii) The legal requirements for parental consent for the provision of mental health
and behavioral health services to a minor via telehealth while such minor is at school
or during any school related function;
(iv) Measures necessary to protect the security of data transmitted during the
provision of telehealth to students;
(v) Measures necessary to protect the privacy of student data pursuant to Article 15
of this chapter and the federal Family Educational Rights and Privacy Act
(FERPA), 20 U.S.C. Section 1232g, and medical records pursuant to the federal
Health Insurance Portability and Accountability Act (HIPAA), P.L. 104-191; and
(vi) Potential liability for public schools and local school systems associated with the
provision of telehealth to students.
</ins>
<del>(5)(A)(c)(1)</del> <ins>No later than December 31, 2025, each</ins> <del>Each</del> local school system shall adopt
a policy on student <ins>depression and</ins> suicide <ins>awareness and</ins> prevention. Such policies shall
be developed in consultation with school and community stakeholders, school-employed
mental health professionals, and suicide prevention experts, and shall, at a minimum,
address procedures relating to <ins>depression awareness and intervention and</ins> suicide
<ins>awareness,</ins> prevention, intervention, and postvention.
<del>(B) To assist local school systems in developing their own policies for student suicide
prevention, the Department of Education, in consultation with the Suicide Prevention
Program within the Department of Behavioral Health and Developmental Disabilities,
shall establish a model policy for use by local school systems in accordance with this
Code section.
</del> <ins>(2) A local school system seeking to participate and receive funding under the grant
program provided for in paragraph (2) of subsection (a) of this Code section shall submit
an application to the State School Superintendent, in accordance with application
procedures and requirements prescribed by the State Board of Education. An application
submitted by a local school system shall include, at a minimum:
(A) A description of the mental health screening program to be implemented by the
local school system and an explanation of how the local school system will make
annual mental health screenings available to each student in grades six through 12;
(B) Details concerning the research based screening tool that will be used by the local
school system or whether the local school system will partner with an organization or
healthcare provider specializing in pediatric and adolescent mental health to conduct
the screenings;
(C) A request and justification for the amount of grant funding sought by the local
school system under the grant program;
</ins>
<ins>(D) A description of how the grant funding will be used to further the purposes of the
mental health screening program, including, but not limited to, hiring additional
personnel, purchasing materials, or contracting with outside entities;
(E) A description of how the mental health screenings will be conducted in a manner
that permits real-time evaluation of the screening results and same-day intervention by
a licensed mental health professional, if required based on the results of the screening;
(F) As applicable, the details of any partnership with an organization or provider
specializing in pediatric and adolescent mental health services, which shall include, but
shall not be limited to, the name of the organization or provider, the number of students
to be served by the organization or provider, the expected time frame to screen the
students, the costs associated with engaging in a partnership with the organization or
provider, and the location where the screenings will take place. A local school system
shall detail whether student health insurance information will be required under its
agreement with a partner organization or provider, how it will obtain that information,
and what accommodations will be made for uninsured or underinsured students and
uninsured and underinsured minor students whose parents or guardians have consented
to the screening;
(G) A description of how the local school system will ensure that the parent or
guardian of a student whose screening detects an irregularity is notified of such
irregularity and how the local school system will advise the parent or guardian of the
services available through a partner organization or provider or supply the parent or
guardian with resources to assist in acquiring further evaluation and diagnosis of the
student by a healthcare professional; and
(H) A description of how the local school system will obtain written informed consent
from a minor student's parent or guardian prior to the screening.
(3) A local school system that receives an award under the grant program provided for
in paragraph (2) of subsection (a) of this Code section shall make available to each
</ins>
<ins>student in grades six through 12 an annual mental health screening which shall include
screening for depression and suicide risk. Each such local school system or public school
shall meet the following conditions when implementing its mental health screening
program:
(A) The local school system shall use a research based screening tool in its mental
health screening program conducted by a licensed mental health professional or through
a partnership with an organization or healthcare provider specializing in pediatric and
adolescent mental health to conduct the screenings. Nothing in this subparagraph shall
prohibit a local school system from using a self-administered screening tool as part of
the depression screening program;
(B) Mental health screenings shall be conducted in a manner that permits real-time
evaluation of the screening results and same day intervention by a licensed mental
health professional as indicated by the screening;
(C) The local school system shall ensure that mental health screenings are conducted
in a manner that accommodates students who are English language learners, students
with disabilities, and students with low reading proficiency when conducting the
screenings;
(D) Mental health screenings shall be conducted in a manner that ensures the privacy
of the student during the screening process and the confidentiality of the results,
consistent with state and federal laws applicable to the confidentiality of student records
and mental health records;
(E) The local school system shall obtain written informed consent from the minor
student's parent or guardian prior to such student's mental health screening; and
(F) The local school system shall forward data collected from the mental health
screenings to the Department of Education and to the Suicide Prevention Program
within the Department of Behavioral Health and Developmental Disabilities in a form
and manner to be determined by the Department of Education, provided that any data
</ins>
<ins>forwarded shall be aggregated and shall not contain any identifying or confidential
information with regard to any individual.
(4) In the event that a local school system chooses to partner with an organization or
healthcare provider specializing in pediatric and adolescent mental health to conduct the
mental health screenings, the partner organization or provider may also provide mental
health services as deemed necessary by the organization or provider and as consented to
by a minor student's parent or guardian. A local school system partnering with an
organization or healthcare provider specializing in pediatric and adolescent mental health
may develop a form to obtain parental consent and student health insurance information
as necessary to satisfy the provisions of any partnership agreement.
</ins> <del>(b)(d)</del> No person shall have a cause of action for any loss or damage caused by any act or
omission resulting from the implementation of the provisions of this Code section or
arising from any <ins>advice, screening, facilitation of screening, or</ins> training, or lack thereof,
<del>required by</del> <ins>provided pursuant to</ins> this Code section.
<del>(c)(e)</del> <ins>Any advice, screenings, facilitation of screenings, and</ins> <del>The</del> training, or lack thereof,
<del>required by the provisions of</del> <ins>provided for in</ins> this Code section shall not be construed to
impose any specific duty of care.
<ins>(f) Nothing in this Code section shall be construed to affect a local school system's ability
to provide additional or supplemental services to a student as required by, or as consistent
with, any applicable provision of state or federal law."
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.